Adjustment of Status for Asylees

Adjustment of Status for Asylees

By law, only 10,000 asylees can adjust status to Lawful Permanent Resident per year; however, USCIS is receiving between 15,700 and 28,200 applications per year. As a result, as of March 1, 2004, approximately 160,000 asylee adjustment applications were pending. We anticipate that we will process pending applications according to the following schedule:

While your Adjustment of Status is pending, you are permitted to travel outside the U.S.; however you must have a valid Refugee Travel Document to reenter the country. Due to new security procedures, allow for 180 to 200 days prior to beginning travel to obtain a travel document.

As an asylee, you are authorized to work in the United States incident to your status. If you wish to receive a document from USCIS that can serve as evidence of both your work authorization and identity, file an application for temporary employment with the Nebraska Service Center.

Overview

If you have been a refugee or held asylum status for at least one year, you may be eligible to change your status to that of a permanent resident. You should use the Form I-485 as your primary application. Please see below for specific instructions on how to file.

Gaining LPR Status as an Asylee

The Application to Register Permanent Residence or Adjust Status is used to adjust the status of asylees to that of a permanent resident. Applicants must have been physically present in the United States in asylee status for at least a total of one year prior to filing.

The asylee should file an adjustment with the following supporting documentation (in this order):

– Fingerprint fee (this fee applies to applicants who are from 14 years of age or older

– Adjustment filing fee

– G-28, signed by the attorney (or authorized representative) and the applicant. Facsimile signature stamps are acceptable for the signature of the representatives. However, applicants must sign the Form G-28 submitted with the application in the original.

– Signed and dated application.

– 2 photos in an envelope stapled to lower left corner. The name of the applicant and A-number, if known, should be lightly written in pencil on the back of each photo. Details on photo size, etc, may be found in the form instructions.

– Biographical data signed, (if the applicant is 14 years of age or older).

– Evidence of Asylee Status. Evidence might include a copy of Form I-94 and a clear, readable copy of the letter granting asylum. If alien was initially given conditional asylum, submit evidence to show that the conditions have been removed.

– Application by Refugee for Waiver on Grounds of Excludability, if applicable

– Evidence of one year’s physical presence in the United States. Please keep physical presence evidence to an absolute minimum. Evidence might include a letter of employment, a lease, school enrollment records, or similar documentation, which would cover broad periods of time.

Proof of any absences from the U.S. since you have been granted asylum. For example: photocopies of pages in refugee travel document or passport.

Birth Certificate or other birth record

Proof of any legal name change you have obtained since you were granted asylum status

– Medical report with Vaccination Supplement. Only a civil surgeon designated by CIS to conduct medical examinations may complete the medical form and the vaccination supplement submitted with it. Call the National Customer Service Center at 1-800-375-5283 to locate civil surgeons (doctors) where you live. (NOTE: The medical form should not be filed with the initial asylum-based I-485 adjustment application. This information will be requested at the time of adjudication.)

Derivative Asylees

If you are filing for adjustment as an asylee who was granted derivative asylum status, you must prove that your relationship to the principal asylee still exists. When filing, give the A-number of your spouse or parent who was granted asylum and include:

– A copy of the letter granting you derivative asylee status either on the basis of having been included on the principal’s original asylum application or on the basis of having been the beneficiary of an I-730 petition filed by the principal.

– If you were granted derivative asylee status as the child of an asylee and you are now over age 21 and are unmarried, you should contact the nearest asylum office and request information on filing a “nunc pro tunc” asylum application. You may apply for adjustment of status after you have been physically present in the United States for a period of one year after the date you were granted asylum status.

Gaining LPR Status as a Refugee

The Application to Register Permanent Residence or Adjust Status is used to adjust the status of refugees to that of permanent resident. Applicants must have been physically present in the United States in refugee status or have held derivative refugee status for at least a total of one year prior to filing the Adjustment. There is no filing fee for the Adjustment of Status in this category.

The refugee should file the Adjustement of Status with the following supporting documentation (in this order):

– Fingerprint fee (this fee applies to applicants who are from 14 years of age or older)

Signed and dated Application for Adjustment of Status.

– 2 photos in an envelope stapled to lower left corner. The name of the applicant and A-number, if known, should be lightly written in pencil on the back of each photo. Details on photo size, etc, may be found in the form instructions.

– G-28, if applicable, signed by the attorney (or authorized representative) and the applicant. Facsimile signature stamps are acceptable for the signature of the representatives. However, applicants must sign the initial Form G-28 submitted with the application in the original.

– Biographic information signed, (if the applicant is 14 years of age or older).

– Vaccination “Supplemental Form.” A complete medical form is required only if there were medical grounds of inadmissibility noted at the time of arrival in the United States or if the refugee status was granted to the alien in the U.S. by an approved Refugee/Asylee Relative Petition. If neither of these conditions apply, all that is required is the vaccination supplement. The refugee applicant may have the Supplemental Form completed at any state or local health department, or may choose to make an appointment with a civil surgeon designated by the USCIS to conduct medical examinations. Call the National Customer Service Center at 1-800-375-5283 to locate civil surgeons (doctors) where you live.

– Evidence of refugee status. This might include a clear, readable photocopy of Form I-94 or a copy of your Employment Authorization Document.

Application by Refugee for Waiver on Grounds of Excludability, if applicable

– Evidence of one year’s physical presence in the United States. Please keep physical presence evidence to an absolute minimum. Evidence might include a letter of employment, a lease, school enrollment records, or similar documentation, which would cover broad periods of time.

– Proof of any absences from the U.S. since your admission as a refugee. For example: photocopies of pages in refugee travel document or passport.

– Birth Certificate or other birth record

– Proof of any legal name change you have obtained since you were granted refugee status.

Filing for Travel and Work Documents

You may file the following forms concurrently with your Adjustment of Status:

– If you wish to work while your application is being processed, you may file Form I-765, Application for Employment Authorization. More information may be found at How Do I Get a Work Permit.

– If you wish to travel outside of the U.S. (and return) while your application is being processed, you may use the Application for Travel Document, to apply for a refugee travel document. Each of the above named applications must be complete in its own right. They are not always processed with the Adjustment of Status. Therefore, please submit all required documentation with each concurrent application.

Please note: If you have already been issued work authorization or a refugee travel document as an asylee or refugee, you do not need to apply for new authorization until 90 days prior to the expiration date on the document you already have.

If you apply for work authorization and do not receive the document within 90 days of filing the application, you may obtain an interim work authorization document. After 90 days have passed, simply present the receipt that shows you have filed the Application for Temporary Employment Authorization at your local office.